Allowed¶17

Amita Shashi Karambe And Anr. v. Pandurang Venkatrao Mulay (Deceased)

Bombay HC26 Mar 2025TP/1208/2025

Case brief

AI extract

What is this about?

Bombay High Court testamentary petition; Letters of Administration with Will annexed; testator Pandurang Venkatrao Mulay died 17-09-2023; Will dated and registered 02.08.2019; legatee petitioners Amita Shashi Karambe and Jaymala Rajan Chawathe; executor Surendra D. Jadhav renounced executorship; attesting witness affidavit Rajan Ravidranath Chawathe; Hindu Succession Act 1956 heirs; BHC (O.S.) Rules 1980 Rules 383, 396, 397(1)(4), Form No.102; uncontested petition; administration bond; grant effective State of Maharashtra.

What did the court decide?

Letters of Administration with Will annexed granted to the petitioners (legatees), renouncing the right of the executor Surendra D. Jadhav, with effect throughout the State of Maharashtra, subject to office verification of no cross petition or caveat. ¶17

Amita Shashi Karambe And Anr. vs Pandurang… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether due execution of the last Will and Testament of the deceased Pandurang Venkatrao Mulay (executed and registered at Mumbai on 02.08.2019) stands proved, enabling grant of Letters of Administration with Will annexed. +1 more

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Court's answer

On the affidavit of the attesting witness that the deceased signed the Testament, there is enough evidence on record to accept the execution of the Will and the petitioners have succeeded to prove execution; additions and alterations existed at the time of execution before signing, constituting sufficient compliance of Rule 383.

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Ratio / Principle

Since the executor Surendra D. Jadhav relinquished executorship by affidavit and the petitioners are beneficiaries under the Will, the petition is tenable.

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Key takeaways

As citation expired with no one appearing to resist the claim and nothing brought to notice regarding pending litigation over the same properties, the petition is treated as uncontested.ratio¶11
Petition granted; the Office to issue Letters of Administration with Will annexed to the petitioners, renouncing the right of the Executor, subject to verification that no cross petition or caveat is pending, having effect throughout the State of Maharashtra.ratio¶18

Detailed headnote1 paragraphs

Testamentary Petition 92. TP/1208/2025 (with WILL/488/2025), High Court, Bombay, decided 07.11.2025 by Shri. P. A. Jagdale, OSD with the Testamentary Department. Legatees Amita Shashi Karambe and Jaymala Rajan Chawathe petitioned for Letters of Administration with Will annexed under the Will of Pandurang Venkatrao Mulay (testator), who died at Mumbai on 17-09-2023. The Will was executed and registered at Mumbai on 02.08.2019 in English. The named executor, Surendra D. Jadhav, relinquished executorship by affidavit (pages 42-47), making the legatee-beneficiaries' petition tenable. Execution was proved through the affidavit of attesting witness Rajan Ravidranath Chawathe in Form No.102 of the BHC (Original Side) Rules, 1980, with sufficient compliance of Rule 383; citations and Collector's notice under Rules 397(1) and (4) and 396 expired unopposed, so the petition was uncontested. Petition granted; Letters of Administration with Will annexed ordered to be issued renouncing the executor's right, effective throughout the State of Maharashtra, subject to confirmation of no cross petition or caveat.

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1 92.TP/1208/2025

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 07^th November, 2025

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FOR COMPLIANCE:

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TP/1208/2025 ) Shri. Siddesh Pilankar Ld. Advocate for (AMH20240009835C202400006) ) the Petitioner with ) WILL/488/2025 ) )

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P. C.:

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1) Petitioners, namely (1) Amita Shashi Karambe & (2) Jaymala Rajan Chawathe, filed this petition, being the legatees under the Will executed by Pandurang Venkatrao Mulay, (herein after the same is referred to as “Testator”), for the grant of a Letters of Administration with Will annexed. The Said Testator said to have died at Mumbai on 17-09-2023.

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2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioners, filed the copy of death certificate, an identity proof of the testator, Will and petitioner's oath.

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3) The executor, namely Surendra D. Jadhav, has relinquished executorship by filing an affidavit at page No. 42-47 of the petition. The petitioners are the Beneficiaries under the Will. Hence, the petition is tenable.

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4) Petitioner stated that the deceased left behind his last Will and Testament, which was duly executed at Mumbai on 02.08.2019 and registered on 02.08.2019, in English language. The Will is handed in separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay.

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5) Ld. The advocate for the petitioner submits that the testator is survived by legal heirs, whose details are given in the petition’s paragraph No. 08, as per the provisions of Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition.

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6) Citation was issued, which has been duly affixed on the conspicuous part of the Hon’ble High Court and notice board of the Collector’s Office at Mumbai and 14 days have been expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980(for short “BHC Rules”) and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

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2 92.TP/1208/2025

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7) The petitioner has filed the affidavit of Rajan Ravidranath Chawathe one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased signed the Testament. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will. According to him all additions and alteration in a Will were existed at the time of execution before signing the Will. Hence, there is sufficient compliance of the Rule 383 of the Rules.

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8) Properties mentioned in the schedule-I of the petition are referred in the Will.

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9) Petitioners have executed the administration Bond in the prescribed format. Hence, following order:

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ORDER

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1) Petition is granted.

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2) Office to issue Letters of Administration with Will annexed to the petitioner, renouncing the right of the Executor namely Surendra D. Jadhav, as per the Rules, having effect throughout the State of Maharashtra.

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3) Before issuance of Letters of Administration with Will, the office to verify that there is no cross Petition is pending or caveat is filed. Office to act accordingly.

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07th November, 2025

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Officer on Special Duty,

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with Testamentary Department

Amita Shashi Karambe And Anr. v. Pandurang Venkatrao Mulay (Deceased)

Case brief

What is this about?

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Amita Shashi Karambe And Anr. v. Pandurang Venkatrao Mulay (Deceased)

Case brief

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